Imperial County Inks $5.5M Settlement Over Jail Suicide – Calexico Chronicle
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Jose Banda Pichardo, Diagnosed with Schizophrenia and Bipolar Disorder, Was Denied His Psychiatric Medication and Died in His Cell from Hanging in February 2019
EL CENTRO — Earlier this year, a $5.5 million settlement was signed for the family of Jose Banda Pichardo, a 22-year-old mentally ill inmate in the Imperial County jail who committed suicide in February 2019 after he was reportedly denied his prescription psychiatric medications.
Although the county’s settlement was approved some months before the case ever went to trial, litigation is ongoing as the family is suing California Forensic Medical Group, also known as Wellpath, for up to $15 million for medical malpractice, among other allegations in a federal complaint. California Forensic Medical Group/Wellpath was the county’s medical contractor in the jail at the time of Pichardo’s death.
CFMG “was the last remaining defendant on a medical malpractice claim. We went to trial a few weeks ago and the jury was deadlocked. The court declared a mistrial and the case is now awaiting a new trial date so the case can be retried,” said attorney Devin Weisberg, co-counsel representing the family.
Named in the initial complaint filed in July 2020 in U.S. Southern District Court was the county of Imperial, then-Imperial County Sheriff Ray Loera and then-Imperial County Behavioral Health Services Director Andrea Kuhlen. Some months later, in one of numerous amended complaints, CFMG was added to the list of defendants.
Pichardo’s mother and father, Jose Trejo Lugo and Susana Banda Pichardo of Palm Desert, are the plaintiffs in the case, alleging violation of the 14th Amendment to the U.S. Constitution with regards to due process to mental health and medical care and treatment for a serious but treatable condition; “deprivation of life” without due process; failure to adequately train officers; violation of civil rights; negligence; and wrongful death.
Before the start of the trial, Sheriff Loera and Behavioral Health Director Kuhlen were dismissed from the case by a federal judge and after the county’s settlement agreement was approved and its end of the case was wrapped up, Weisberg said. The payout cleared the county of “an admission of fault or liability” in the incident, which is a common clause in settlements, Weisberg added.
Pichardo, a Palm Desert resident, was arrested around Oct. 27, 2018, for an offense never mentioned in the federal complaint and booked into the Imperial County Regional Adult Detention Facility — the Imperial County jail — where he apparently disclosed that his own physician or psychiatrist had diagnosed him as suffering from schizophrenia, bipolar disorder, depression and anxiety, and he was on a pharmaceutical regimen of hydroxyzine pamoate, buspirone, fluoxetine (Prozac) and olanzapine (an antipsychotic) to treat his mental health conditions, according to the federal complaint.
The plaintiffs contended that despite undergoing a preliminary medical and psychological screening when he was booked, Pichardo was refused his medication and was placed in general population “without any designation regarding his medical condition that would alert those in charge of his care that he required monitoring, medical treatment, psychological treatment, and follow-up care,” the complaint reads.
Pichardo’s father, Jose Trejo, attempted to bring his son’s medication to the jail, but he was turned away by jail staff, telling Trejo they could not give Pichardo medication at the jail and that this was not a “Holiday Inn,” alleged the plaintiffs.
Throughout his incarceration, it was alleged that Pichardo continuously complained to the correctional officers at the jail that he was “hallucinating and needed his medication.” He was ignored and jail staff “failed to get him any medical attention, failed to provide any enhanced monitoring or supervision and failed to alert Behavioral Health Services,” the complaint states.
Pichardo was eventually found by correctional staff in his cell with a sheet around his neck that was tied to the top of this bunk. This was Feb. 23, 2019.
The inmate still had a pulse and blood pressure when he was found, and medical personnel tried revive him through cardiopulmonary resuscitation, but Pichardo died, with his death ruled as suicide by hanging.
According to the complaint against all parties, Behavioral Health Services and the Sheriff’s Office had established a memorandum of understanding in 2017 laying out several protocols that were agreed upon concerning the assessment and treatment of inmates in jail custody. The MOU expired on or around June 20, 2018, a fact that was key to the Pichardo’s treatment, or lack thereof, the complaint indicates.
The MOU spelled out the position of psychiatric social worker to be in the jail and work alongside the medical contractor, California Forensic Medical Group/Wellpath.
If working correctly, according to the complaint, the MOU was to establish, among other things, “thorough psychological assessments of mental health needs for inmates”; “conduct individual and group counseling by providing psychoeducation on mental health signs/symptoms, therapeutic interventions to promote treatment compliance, and implementing appropriate evidence-based models tailored to each inmate’s unique needs”; and “conduct suicide risk assessments and intervene as needed by implementing the ASIST Model to decrease the risk for suicide.”
The MOU was either no longer being implemented when Pichardo was in the jail, or the MOU itself was ignored, according to the federal complaint.
While the original complaint sought a total of $25 million from all parties, the county of Imperial settled for $5.5 million, with the final documents signed by Imperial County Board of Supervisors Chair Luis A. Plancarte on or around Feb. 20, 2024, according to a copy of the agreement obtained by the Calexico Chronicle through a California Public Records Act request.
In the breakdown of payments, Pichardo’s parents, through their attorney, and placed into a trust were written a check for $2,694,114; $300,000 went to lead attorneys, Gastelum Law Group; $1 million went to Prudential Assigned Settlement Services Corp., which arranged the payouts.
As part of the trust, Pichardo’s parents also will receive $10,225 per month, which started on May 1 and extends to April 1, 2034, and totals $1 million when all is done. Some appear to be a lump sum payment and some as a monthly distribution.
Some $1,505,886 was paid by the county to MetLife Assignment Co. Inc., which will be split between the two attorneys on the case. Some $705,886 will be paid over seven years at $10,000 a month to Weisberg Law Group and $800,000 will be paid over two years, four months at a rate of $30,569.89 a month to Gastelum Law Group.
Although the Calexico Chronicle did not request attorney’s fees tied to this case through a PRA request, sources stated the county paid well into the millions.
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This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
Jose Banda Pichardo, Diagnosed with Schizophrenia and Bipolar Disorder, Was Denied His Psychiatric Medication and Died in His Cell from Hanging in February 2019
EL CENTRO — Earlier this year, a $5.5 million settlement was signed for the family of Jose Banda Pichardo, a 22-year-old mentally ill inmate in the Imperial County jail who committed suicide in February 2019 after he was reportedly denied his prescription psychiatric medications.
Although the county’s settlement was approved some months before the case ever went to trial, litigation is ongoing as the family is suing California Forensic Medical Group, also known as Wellpath, for up to $15 million for medical malpractice, among other allegations in a federal complaint. California Forensic Medical Group/Wellpath was the county’s medical contractor in the jail at the time of Pichardo’s death.
CFMG “was the last remaining defendant on a medical malpractice claim. We went to trial a few weeks ago and the jury was deadlocked. The court declared a mistrial and the case is now awaiting a new trial date so the case can be retried,” said attorney Devin Weisberg, co-counsel representing the family.
Named in the initial complaint filed in July 2020 in U.S. Southern District Court was the county of Imperial, then-Imperial County Sheriff Ray Loera and then-Imperial County Behavioral Health Services Director Andrea Kuhlen. Some months later, in one of numerous amended complaints, CFMG was added to the list of defendants.
Pichardo’s mother and father, Jose Trejo Lugo and Susana Banda Pichardo of Palm Desert, are the plaintiffs in the case, alleging violation of the 14th Amendment to the U.S. Constitution with regards to due process to mental health and medical care and treatment for a serious but treatable condition; “deprivation of life” without due process; failure to adequately train officers; violation of civil rights; negligence; and wrongful death.
Before the start of the trial, Sheriff Loera and Behavioral Health Director Kuhlen were dismissed from the case by a federal judge and after the county’s settlement agreement was approved and its end of the case was wrapped up, Weisberg said. The payout cleared the county of “an admission of fault or liability” in the incident, which is a common clause in settlements, Weisberg added.
Pichardo, a Palm Desert resident, was arrested around Oct. 27, 2018, for an offense never mentioned in the federal complaint and booked into the Imperial County Regional Adult Detention Facility — the Imperial County jail — where he apparently disclosed that his own physician or psychiatrist had diagnosed him as suffering from schizophrenia, bipolar disorder, depression and anxiety, and he was on a pharmaceutical regimen of hydroxyzine pamoate, buspirone, fluoxetine (Prozac) and olanzapine (an antipsychotic) to treat his mental health conditions, according to the federal complaint.
The plaintiffs contended that despite undergoing a preliminary medical and psychological screening when he was booked, Pichardo was refused his medication and was placed in general population “without any designation regarding his medical condition that would alert those in charge of his care that he required monitoring, medical treatment, psychological treatment, and follow-up care,” the complaint reads.
Pichardo’s father, Jose Trejo, attempted to bring his son’s medication to the jail, but he was turned away by jail staff, telling Trejo they could not give Pichardo medication at the jail and that this was not a “Holiday Inn,” alleged the plaintiffs.
Throughout his incarceration, it was alleged that Pichardo continuously complained to the correctional officers at the jail that he was “hallucinating and needed his medication.” He was ignored and jail staff “failed to get him any medical attention, failed to provide any enhanced monitoring or supervision and failed to alert Behavioral Health Services,” the complaint states.
Pichardo was eventually found by correctional staff in his cell with a sheet around his neck that was tied to the top of this bunk. This was Feb. 23, 2019.
The inmate still had a pulse and blood pressure when he was found, and medical personnel tried revive him through cardiopulmonary resuscitation, but Pichardo died, with his death ruled as suicide by hanging.
According to the complaint against all parties, Behavioral Health Services and the Sheriff’s Office had established a memorandum of understanding in 2017 laying out several protocols that were agreed upon concerning the assessment and treatment of inmates in jail custody. The MOU expired on or around June 20, 2018, a fact that was key to the Pichardo’s treatment, or lack thereof, the complaint indicates.
The MOU spelled out the position of psychiatric social worker to be in the jail and work alongside the medical contractor, California Forensic Medical Group/Wellpath.
If working correctly, according to the complaint, the MOU was to establish, among other things, “thorough psychological assessments of mental health needs for inmates”; “conduct individual and group counseling by providing psychoeducation on mental health signs/symptoms, therapeutic interventions to promote treatment compliance, and implementing appropriate evidence-based models tailored to each inmate’s unique needs”; and “conduct suicide risk assessments and intervene as needed by implementing the ASIST Model to decrease the risk for suicide.”
The MOU was either no longer being implemented when Pichardo was in the jail, or the MOU itself was ignored, according to the federal complaint.
While the original complaint sought a total of $25 million from all parties, the county of Imperial settled for $5.5 million, with the final documents signed by Imperial County Board of Supervisors Chair Luis A. Plancarte on or around Feb. 20, 2024, according to a copy of the agreement obtained by the Calexico Chronicle through a California Public Records Act request.
In the breakdown of payments, Pichardo’s parents, through their attorney, and placed into a trust were written a check for $2,694,114; $300,000 went to lead attorneys, Gastelum Law Group; $1 million went to Prudential Assigned Settlement Services Corp., which arranged the payouts.
As part of the trust, Pichardo’s parents also will receive $10,225 per month, which started on May 1 and extends to April 1, 2034, and totals $1 million when all is done. Some appear to be a lump sum payment and some as a monthly distribution.
Some $1,505,886 was paid by the county to MetLife Assignment Co. Inc., which will be split between the two attorneys on the case. Some $705,886 will be paid over seven years at $10,000 a month to Weisberg Law Group and $800,000 will be paid over two years, four months at a rate of $30,569.89 a month to Gastelum Law Group.
Although the Calexico Chronicle did not request attorney’s fees tied to this case through a PRA request, sources stated the county paid well into the millions.
Your email address will not be published. Required fields are marked *
Address: 1122 West State Street, Ste. E, El Centro, CA 92243.
Phone: (760) 339-4899, (760) 356-2995
Email: info@calexicochronicle.com
For advertising and submission of legal notices or inquiries email: info@calexicochronicle.com
News Releases & Tips
Email: rbrown@calexicochronicle.com
source
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
